The regulation of daycare, head start, and early childhood education facilities in this title (herein after “daycare” or “daycares”) is to establish standards and procedures by which daycare facilities can be conducted within the City without jeopardizing the health, safety, and general welfare of the daycare participants and/or the surrounding neighborhood. This chapter establishes the City’s minimum requirements for the establishment of a daycare facility not established in accordance with Minnesota Statutes as permitted uses. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 1089, sec. 15, 5-6-2024)

   A.   In addition to the City regulation, all daycare facility operations shall comply with the minimum requirements of the applicable Minnesota Department of Human Services regulations.

   B.   Declaration Of Conditions: The Planning Commission and City Council may impose such conditions on the granting of a daycare facility conditional use permit as may be necessary to carry out the purpose and provisions of this chapter.

   C.   Site Plan Drawing Necessary: All applications for a daycare facility conditional use permit shall be accompanied by a site plan drawn to scale and dimensioned, displaying the information required by chapter 9 of this title. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 1089, sec. 16, 5-6-2024)

Daycare facilities shall meet all the applicable provisions of this chapter.

   A.   Lot Requirements And Setbacks: The proposed site for a daycare facility shall have a minimum lot area as determined by the Minnesota Department of Human Services and the district in which it is located. The City Council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain the public health, safety and general welfare. The daycare facility must meet the minimum setback requirements of the respective zoning districts.

   B.   Sewer And Water: All daycare facilities shall have access to Municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility.

   C.   Screening: Where the daycare facility is in or abuts any commercial or industrial use or zoned property, the daycare facility shall provide screening along the shared boundary of the two (2) uses. All of the required fencing and screening shall comply with the fencing and screening requirements in sections 11-21-5 and 11-21-9 of this title. (Ord. 674, sec. 1, 7-17-2000)

   D.   Parking:

      1.   There shall be adequate off street parking which shall be located separately from any outdoor play area and shall be in compliance with chapter 19 of this title. Parking areas shall be screened from view of surrounding and abutting residential districts in compliance with chapter 21 of this title.

      2.   Except as may be approved as part of a joint parking arrangement, as regulated by section 11-19-17 of this title, when a daycare facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. (Ord. 867, sec. 85, 5-17-2010)

   E.   Loading: All deliveries shall occur at such a time as to not conflict with customer or employee access to the building and parking demand, and all loading and maneuvering shall be accomplished on private property. (Ord. 976, 3-6-2017)

   F.   Signage: All signing and informational or visual communication devices shall be regulated by the sign provisions for the district in which the use is located as set forth in chapter 23 of this title. (Ord. 897, 12-3-2012)

   G.   Daycare Facility: The building plans for the construction or alteration of a structure that shall be used as a daycare facility shall be submitted to the City for review by the City Building Official to ensure that the structure is in compliance with the State Building Code. The facility shall meet the following conditions:

      1.   Architectural Appearance: The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause incompatibility with neighboring properties or constitute a blighting influence within a reasonable distance of the lot.

      2.   Land Use Compatibility: Internal and external site land use compatibility and sufficient peripheral area protections shall be provided by the daycare facility.

      3.   Play Space: Play space must be adequately enclosed where necessary to prevent children from leaving the premises unattended.

      4.   Outdoor Areas: Outdoor play areas shall not be provided within the required front yard setbacks.

   H.   State Licenses: Proof of approved applicable State licenses shall be provided to the Zoning Administrator prior to the Building Official granting a certificate of occupancy. (Ord. 674, sec. 1, 7-17-2000)

The City hereby reserves the right upon issuing any daycare facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. (Ord. 674, sec. 1, 7-17-2000)